OREGON STATE UNIVERSITY CODE OF STUDENT CONDUCT TABLE OF CONTENTS SECTION 1: Purpose SECTION 2: Definitions SECTION 3: Jurisdiction of the University and Responsibilities of Students 3.1 Jurisdiction 3.2 Freedom of Expression 3.3 Additional Points of Potential Responsibility 3.4 Student Responsibility for Communications 3.5 Reporting 3.6 Reporting Amnesty 3.7 Violations of the Law SECTION 4: Prohibited Conduct 4.1 Behavioral Expectations 4.2 Academic Misconduct 4.3 Behavioral Misconduct 4.4 Discrimination and Sexual/Gender-Based Misconduct 4.5 Title IX Sexual Misconduct SECTION 5: Student Conduct Process and Procedures 5.1 Notice of Allegations 5.2 Standard of Proof 5.3 Investigations 5.4 Participation by Students/Student Organizations 5.5 Advisors 5.6 Accessibility 5.7 Pre-Process Preparation 5.8 Administrative Conferences 5.9 SCCS Committee Hearings 5.10 Hearing Officer 5.11 Academic Integrity Process 5.12 Sexual Misconduct and Discrimination Investigation and Resolution Process for Complaints against Students 5.13 Investigation and Resolution Process for Title IX Complaints 5.14 Violations of Code of Student Conduct by Student Organizations 5.15 Notice of Decision to Accused Students 5.16 Notice of Decision and Rights of Complainant SECTION 6: Sanctions 6.1 Sanctions 6.2 Readmission After Suspension 6.3 Record 6.4 Sanctioning Authority SECTION 7: Student Conduct Authority 7.1 Authority 7.2 Complaint Assessment and Evaluation 7.3 Alternative Resolution Options 7.4 Hearing Officers 7.5 Interpretation and Revision SECTION 8: Appeals 8.1 Overview 8.2 Grounds for Appeal 8.3 Appeals Submission 8.4 Appeals of Cases with Multiple Parties 8.5 Appellate Authority 8.6 Conflict of Interest and Correction of Errors 8.7 Compliance with Sanctions and Provisional Student Status 8.8 Appeal Outcomes SECTION 9: Administrative Suspension OREGON STATE UNIVERSITY CODE OF STUDENT CONDUCT SECTION 1: Purpose The primary purpose of the Code of Student Conduct is to establish standards and procedures necessary to maintain a community conducive to learning, whether on-campus or online, and to advance the educational objectives of Oregon State University (OSU). The Code of Student Conduct promotes an environment that values inclusivity and respectful discourse. This Code applies to students at OSU (see Section 2) and is based on the belief that all persons should treat one another with dignity and respect for scholarship to thrive. Acknowledging that learning occurs in a multitude of places, OSU believes a set of community standards develops professionalism and decision-making in all students. OSU encourages exemplary conduct by balancing the rights of the individual student with responsibility to the larger community. Choosing to join the OSU community as a student obligates each member to a code of responsible behavior. Policies support the health and safety of the OSU community, support a learning environment that is free from disruption, further the educational pursuits for the community members, and limit property harm. Students are encouraged to hold each other accountable and report concerning behaviors, as the Code of Student Conduct strives to create a community that protects the safety, wellness, and educational focus of students. Students are also expected to follow the academic and professional standards of the academic units. All students and student organizations are expected to observe the policies, rules, and requirements of OSU as well as all applicable laws of municipalities and counties, the State of Oregon, the United States of America and, when in another country, that country. The student conduct process at OSU exists to protect the interests of the community and to challenge behavior that is not in accordance with our policies. This process is separate from criminal or civil court processes. Students who are accused of violating this Code will receive written notice and a hearing with objective decision- maker(s) as part of our student conduct process. OSU is committed to making the student conduct process as accessible as possible for all students. Students with disabilities have the right to reasonable accommodation (see Section 5). No student will be found in violation of the Code of Student Conduct without a finding that it is more likely than not that a violation occurred (a preponderance of the evidence standard). Students found responsible in a student conduct process for violations of the Code are subject to sanctions. Sanctions are proportionate to the severity of the violation and to the cumulative conduct history of the student. Assigned sanctions provide an opportunity for students to reflect critically on their choices and behavior, to demonstrate learning, and, when appropriate, to make reparation for any harm that was caused. If a student is unable to tailor their behavior to community expectations or has exhibited sufficiently severe misconduct, the student conduct process may determine that the student should no longer share in the privilege of participating in this community. Oregon State University reserves the right to make changes to this Code as necessary. Once those changes are posted online, they are in effect. The Code of Student Conduct is made available to students in the form of a link on Oregon State University’s website at www.studentlife.oregonstate.edu/studentconduct. Hard copies are available upon request from the office of Student Conduct and Community Standards (SCCS). To request a copy of the Code of Student Conduct in alternative formats, please contact [email protected]. Students are responsible for reading and abiding by the provisions of the Code of Student Conduct. 1 SECTION 2: Definitions 1. Accused or Respondent: Any student charged with a violation of the Code of Student Conduct. 2. Administrative Suspension: Under this Code of Student Conduct, the Director of Student Conduct and Community Standards or designee may administratively suspend and/or separate a student from the community or university housing pending the scheduling of a conduct hearing on alleged individual or organizational violations when immediate action is deemed necessary to ensure the safety of the Oregon State University community, property, or to protect the normal operation of the university (see Section 9). 3. Code: Abbreviated term used to refer to the Code of Student Conduct. 4. Complainant: Any individual or party who is the alleged recipient of alleged behaviors that would violate the Code of Student Conduct. 5. EOA: The Office of Equal Opportunity and Access. EOA serves as the University’s Title IX office and is the office that investigates concerns of sexual misconduct and/or discrimination. 6. Hearing Body: The term used in the student conduct process to reference either a hearing officer (in an administrative conference) or a hearing committee (in a committee hearing). 7. Institution or University: Refers to Oregon State University. 8. Individual Violation: A violation of the Code of Student Conduct committed by an individual student acting alone or in concert with other individual(s) independent of a student organization or its activities and events. 9. Organizational Violation: A violation of the Code of Student Conduct committed by a student organization. 10. Provisional Student Status: Provisional student status is assigned to any student who has been issued a suspension or expulsion sanction and has appealed the decision. Under provisional student status, a student may continue to progress academically; however, should the student’s appeal be denied, the suspension or expulsion sanction goes into effect retroactive to the original date of determination, and the student will not receive grades, any academic credits or degrees earned while on provisional student status, and may not be refunded any money paid during the provisional student status period. Students who are excluded from the institution as part of institutional administrative suspension (see Section 9) are not eligible for provisional student status. 11. Reporting Party: Any person or organization who submits a report or a complaint against a student indicating that a student may have violated the Code of Student Conduct, which may result in an investigation. A reporting party could also include witnesses or participants in investigations whose perspectives contribute to the report. 12. SCCS: The Office of Student Conduct and Community Standards. 13. Student: For the purposes of administering the Code of Student Conduct, a “student” is: an admitted person demonstrating acceptance of admission through participation in orientation programs or early start programs; a person who is enrolled or dually enrolled; a person enrolled online; a person between academic terms; a graduate awaiting a degree; a person on an approved educational leave; a person currently serving a suspension, including administrative suspension; a person who is not currently enrolled but can register without re-applying; a person who withdraws while a disciplinary matter, including an investigation, is pending; and, a person who is eligible to receive any of the rights and privileges afforded a person who is enrolled. 14. Student Organization: Includes recognized student organizations or student groups affiliated with an academic unit. 2 SECTION 3: Jurisdiction of the University and Responsibilities of Students 3.1 Jurisdiction. The Code of Student Conduct and the student conduct process apply to the conduct of all students and student organizations as defined by this Code. Additionally, the university retains conduct jurisdiction over students for any misconduct that occurred prior to any leave of absence, including withdrawal or graduation. If sanctioned or requested to participate in a student conduct process or investigation, a hold may be placed on the student’s ability to re-enroll, graduate, or obtain official transcripts until sanctions and/or participation expectations are completed. The university may invoke these procedures after the accused student has graduated in the event of serious misconduct in which health and safety is impacted or a serious and significant disruption to the educational environment is caused prior to a student’s graduation.